cpc

Section 498a

This query is : Resolved 
 

(Querist)
18 June 2012

sir, my wife has filed a case of 498A. now the thing is that i had already tried to pursue her by filing an application in mediation center where she asked for 50 lakhs rupees to be put in name of my daughter who is 18 months old. i had also called up my relatives who tried to convince her but all in vain. pls suggest what to do as she has filed section 125 for maintainance though she is ME Environment Engineer and was earning 30,000 rupees per month but has left job to take care after the child. my all requests are going in vain as she is saying to do property division among my 4 family members and to put down my 4th portion in name of my daughter. pls help ........


Adv.R.P.Chugh (Expert)
18 June 2012

1. Her claims are clearly unjustifiable. Don't bend down - as no settlement is final. Cases are commonplace where women file maintenance and other cases even after so called Full and final settlements. Contest your case on merits.

2. She is working and earning, you've not provided your profession and income.

3. If there is no ancestral property even the child has no share in it.

4. If there is ancestral property - being a member of the coparcenory - the child has a n equal right along with you which can be culled out anytime by a suit for partition.

Dhirendra (Querist)
18 June 2012

sir, i am MBA guy and has left job since last 1 year and was preparing for Bank exams and i have got very good score and just going through the interviews. I don't have any ancestral property but i do have a house which my father has left after his death. my wife is not earning as of now but was earning 30,000 rupees. in that case can i request the judge to pass a summons to produce her past salary slips as i don't have her salary slips b'coz i never asked for it as i trusted her a lot and never thought that she would ever file a 498A and 125 case.

Sudhir KumarOnline (Expert)
18 June 2012

You say that she left job to look after child but if she alleges that she lost job as a consequence of dometic violence. DV ACt requires you to compensate.


The right of maintenance of child is is wiped out simply if you have rendered yourself jobless.

Sudhir KumarOnline (Expert)
18 June 2012

SOrry typing error I meant

The right of maintenance of child is not wiped out simply if you have rendered yourself jobless

Dhirendra (Querist)
18 June 2012

sir, that's d reason i want some favour from the judge's end that he asks my wife to deposit her past salary slip and the resignation letter clearly mentioning d reason for leaving d job by her own consent. About d maintainance of my child, i am always ready. I don't have any bad intentions and want both my wife n my child back but its she who is playing game form her end in order to unnecessarily harass me.

Advocate M.BhadraOnline (Expert)
18 June 2012

If your wife would file any complaint or file any case u/sec.498a IPC or u/sec.125 Cr.P.C.then you should get anticipatory bail and defend the case,your wife has no property right.

ajay sethiOnline (Expert)
18 June 2012

her demands ofrs 50 lakhs is exhoribtant . the fact that she is well qualified and was earning rs 30,000 earlier shows that she is bale to take care of her needs .dont bow down fight the case . you may be jobless but it is your duty to maintain your child . you may have to pay for child maintenance

Dhirendra (Querist)
19 June 2012

sir, she has already filed 498A case and also 125 case for maintainance. d problem is i want her and my child both back but she and her family members are trying to play smart and want me to submit to their demands.

Shonee KapoorOnline (Expert)
19 June 2012

Now that the cases are filed. You have no option but to contest the same.

Why you want to live with a woman who has hoisted false cases on you?

Join http://forum.498a.org/ and start attending local SIFF meetings.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

SAINATH DEVALLA (Expert)
19 June 2012

Going through 498A and DV Act cases daily drives me mad,comming to know that how irresponsible human relationships are,how commercial human relationships have become.The husband says he is right,but the wife insists she is correct,dig dig dig until both of them find themselves deeply burried,clustered around with innumerable legal cases from either side.That is humanity today.Adding fuel to these the irresponsible selfish amendments in law,further deteriorating the values.Is there an answer for this?Is there a solution for this?May I request the prospective brides and grooms to think twice before leaping into this vicious circle of marriage.

Mr.Dhirendra,you have no other option but to contest the cases filed by your wife.


Dhirendra (Querist)
20 June 2012

Shonee Kapoor sir, even many people have told me to leave this woman. i will wait first if she understands and comes back to live happily with my daughter. if not then sir, i don't think that she will be giving me divorce as she is planning to harass me. another reason for not giving divorce would be to first force me to put 4th portion of property in name of daughter and then to put divorce so that she can get 50% of the 4th portion of property. anyways sir, i am stuck up and don't know what to do if she denies me to give divorce.



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